Criminal Evidence: Chapter 2

What is the difference between a jury trial and a bench trial?

A criminal trial may be conducted in one of two ways. It may be what is known as a "jury trial" or it may be a "court trial," which is a trial by a judge without a jury (also known as a "bench trial".

Judgment of Acquittal

A judicial decision on whether the prosecution has satisfied its burden during the personation of its case-in-chief.

Sequestered Jury

A jury removed form any outside influence.

Hung Jury

A jury that cannot reach a verdict.

Exculpatory Evidence

Evidence favorable to the defense.

List the sequence of events in a typical criminal trial

Following a list of the sequence of events in a criminal trial: 1. Final pretrial matters and motions. 2. Jury selection, Voir Dire. 3. Jury sworn. 4. Opening statement by prosecution. 5. Defense opening statement or reservation. 6. Prosecution's case-in-chief. 7. Defense opening statement, if reserved. 8. Defense's case-in-chief. 9. Rebuttal, if any, by prosecution. 10. Surrebuttal, if any, by defense. 11. Prosecution's opening argument (first closing) 12. Defense's final summation (closing) 13. Prosecution's final summation 14. Instructions by the court to the jury. 15. Jury deliberation. 16. Jury verdict.

Redirect Examination

Further questioning, after cross-examination, for the limited purpose of rebutting or clarifying information brought out during cross-examination.

Re-Cross Examination

Further questioning, after redirect examination, for clarification purposes.

Cross-Examination

The rigorous examination of a witness by opposing counsel, in which the questioner seeks to detract form the witness's credibility.

Witness Stand

The seat taken by a witness to testify at trial.

Reasonable Doubt

The standard of proof in a criminal case. A doubt based upon reason: That which would make a reasonable person hesitate to act in connection with important affairs of life.

What is meant by Voir Dire?

To speak the truth.

Who has the main responsibility for the progress of the trial?

the Judge

What is jury nullification, and why is this power little known?

the power of a jury in a criminal case to acquit a defendant for any reason or no reason at all. Because it is unlawful for a judge or lawyer to tell the jury of its power to nullify.

List six common qualifications for Jurors

(1) a citizen of the United States (2) a resident of the state (3) at least 18 years of age (4) of sound mind (5) in possession of the person's natural faculties (6) able to read or speak the English language

What are the two main functions of a jury?

1. The jury interprets the evidence as it is presented and tries to determine what happened. The jury's ultimate goal in a criminal trial is to ascertain whether the defendant is guilty beyond a reasonable doubt of the crime as charged. 2. The ultimate function of the jury in a criminal case is rendering a verdict of guilty or not guilty; however, in some states the jury also determines the sentence to be imposed.

How many people are required for a jury in a criminal case?

12 persons.

Leading Question

A question that suggests to the witness the answer sought by the questioner.

Affirmative Defense

A reason under the law that allows a defendant to claim to be exonerated.

Pretrial Discovery

A reciprocal exchange of information between the prosecuting and defending attorneys, before trial, either was ordered by the court in a particular case, or required by statute or rule.

Opening Statement

A summary of how the prosecution expects is evidence to show the defendant guilty beyond a reasonable doubt or how the defense attorney expects to raise a reasonable doubt.

Evidentiary Objections

Legal arguments raised by opposing counsel during trial to prevent a witness from testifying or other evidence form being admitted.

Direct Examination

Presentation of the proponent witness's testimony by means of open-ended, non leading questions.

Prima Facie Case

The amount of proof the prosecution must present in its case-in-chief, evidence sufficient to establish that a rime was committed and that the defendant probably did it.

Rulings on Objections

The judge's decision on evidentiary objections; overruled, the witness may testify; or sustained, the witness must not answer the question.

How much proof is necessary for a criminal trial? How is this different from the amount of proof necessary in a civil trial?

The level of proof required in a criminal case is beyond a reasonable doubt. In contrast, the level of proof required in a civil case is a preponderance of the evidence.

What are the main duties of the judge in a criminal trial?

The main duties of a judge during a criminal trial include deciding what law applies to the case, interpreting the law of the case for the jury, deciding what evidence is and is not admissible, Ruling on objections made my the attorneys, determining the qualifications of witnesses, protecting witnesses from overzealous cross-examinations, ensuring that the trial proceeds efficiently and effectively and in most states in most instances imposing sentence upon the defendant.

Challenges for cause

The motion that a prospective juror should be excluded because he or she is incapable of being impartial.

Peremptory Challenge

The motion that excludes a prospective juror from the jury panel without specific reason or justification.

Venire

The pool of prospective jurors form which the jury panel is selected.

Case-In-Chief

The portion of the trial that comprises the main evidence, for either the prosecution or the defense.

Contempt

The power of a court to punish persons for failure to obey court orders or coerce them into obeying court orders.

Jury Nullification

The power of a jury in a criminal case to acquit a defendant for nay reason or no reason at all.

Voir Dire

The process of questioning a panel of prospective jurors to select the final panel; roughly it means "to speak the truth".

Corpus Delicti

The requirement that the prosecution present sufficient evidence to establish that a crime was committed by someone.

Jury Deliberation

The review of evidence by the jury in an attempt to reach a verdict.